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If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the Recipient, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and Recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contrac[or was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable pad, with the diligence that will insure its completion wi[hin the [ime specified in this contract or any extension or fails to complete the work within tl~is time, or if the Contractor fails to comply with any other provisions of this contract, the Recipient may terminate this contract for default. The Rectpient shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessazy for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Cont~actor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. [he delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contcactor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a cont~act wi[h the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the Contractor, within 4 days from the beginning of any delay, notifies the Recipient in writing of the causes of delay. If in the judgment of the Recipient, the delay is excusable, the time for completing the work shall be extended. The judgment of the Recipient shall be final and conclusive on the parties. If, after termination of the Contractors right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The Recipient may ternunate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The Recipient shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receip[ of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in pe[forming this cont~act, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. Addendum, FI'A Contract Requirements Page - 20 031897t157